What is the test for establishing a prescriptive easement?
California, United States of America
The following excerpt is from Mesnick v. Caton, 183 Cal.App.3d 1248, 228 Cal.Rptr. 779 (Cal. App. 1986):
A party claiming establishment of a prescriptive easement must show (1) use of property which has been (2) open and notorious, (3) continuous, and (4) adverse for five years. (Warsaw v. Chicago Metallic Ceilings, Inc. (1984) 35 Cal.3d 564, 570, 199 Cal.Rptr. 773, 676 P.2d 584.)
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